Professional Documents
Culture Documents
2006
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History of Enactment
Before enacting Bangladesh Labour Laws 2006, the Acts
which dealt with the conditions of service and employment
were The Employment of Labour (Standing Orders) Act,
1965, The Apprenticeship Ordinance 1962, The Employment
(Record of services) Act 1952, The control of Employment
Ordinance 1965 and The State Owned Manufacturing
Industries (Conditions of services) Ordinance 1993.
Section: 4(2)Probationary
period
viii)Such lay-off shall be effective from the day of stoppage of work and
any wage paid to a worker for the first three days may be adjusted against
the compensation payable for such subsequent lay-off.
ix)For the piece rated workers affected, their average daily earnings in
the previous month shall be taken to be the daily wages.
Section:13 Closure
i)The employer may in the event of illegal strike by any section or
department may close down that section or the establishment partly or
wholly and the workers participating in the strike may not be paid wages.
ii)Any other section or department affected by such closure will also
be closed down but the workers affected may be paid wages for the first
three days and the amount should be equivalent to payable amount in
case of lay off but the employer may not pay any wages beyond this
period.
iii)The fact of such closure shall be notified by the employer, as soon
as practicable by notice posted on the notice board in the section or
department concerned or in a conspicuous place and the fact of
resumption of work, following such closure shall likewise be notified.
Lay off
Lay-off means the failure, refusal or inability of an employer to employ any
worker due to shortage of coal, power or raw materials or accumulation of
stock or the breakdown or malfunction of machinery.
Section: 20
Retrenchment
Section: 21
Re-employment of retrenched
workers
Where any number of workers are retrenched, and the employer proposes
to take into his employment any person within a period of one year from
the date of such retrenchment, he shall give an opportunity to the
retrenched workers belonging to a particular category concerned by
sending a notice to their last known addresses, to offer themselves for
employment and the retrenched workers who so offer themselves for reemployment shall have preference over others, each having priority
according to the length of his service under the employer.
Separation
Section: 22
Discharge
Section: 27Resignation
1.Any permanent worker may resign from the service by providing sixty days
notice in writing to the employer.
2.If any temporary worker resign from the service by providing in writing
thirty days notice in the case of monthly rated workers and fourteen days
notice in case of other workers to the employer
3.If the resignation is without notice then the worker shall pay the employer
the amount equal to the wages of the notice periods as stipulated above.
4.The employer shall have to pay the permanent worker who desires to
resign compensation at the following rate for each completed year of
service:
Section: 28
Retirement
Section: 29
Section:30
Time limit for the payment of
final dues
The employer shall pay the final dues to the worker within thirty working days
from the day of separation due to retrenchment, retirement, dismissal, dismissal,
discharge or termination of service.
Section: 23
3.If a worker who has been dismissed or removed from the service as specified above
will receive compensation if he has served for a continuous period of minimum one year at
the rate of fourteen days wages for every year of service or gratuity whichever is higher
excepting in the case of dismissal due to misconduct under sub-section 4 (b) of section 23
which is theft fraud, or dishonesty in connection with employers business or property
4.The following acts or omission shall be treated as misconduct:
a)Willful insubordination or disobedience, whether alone or in combination with
other, to any lawful or reasonable order of a superior.
b)Theft, fraud, or dishonesty in connection with employers business or property
c)Taking or giving bribes or any illegal gratification in connection with his or any
other workers employment under the employer.
d)Habitual absence without leave or absence without leave for more than ten days.
e)Habitual late attendance
f)Habitual breach of any law or rule or regulations applicable to the establishment
g)Riotous or disorderly behavior in the establishment or any Act subversive of
discipline
h)Habitual negligence or neglect of work.
i)Habitual violation of any service rules approved by the Chief Inspector relating to
employment, discipline or conduct.
j)Falsifying, tampering with, damaging or causing loss of employers official records.
Section: 24
5.During the enquiry, if any witness is produced by any party then the other
person against whom the witness has been produced may cross-examined.
6.If the accused worker is found guilty during the enquiry and is accorded
punishment under section 23 (1) then will not be entitled for any wages for
the period of suspension but will get the subsistence allowance.
7.If the accused worker is not found guilty, then he will be considered having
been in duty during the period of suspension and will be entitled to the full
wages after having adjusted with the subsistence allowance.
8.In case of punishment, a copy of the order inflicting such punishment shall
be supplied to the worker concerned.
9.If a worker refuses to accept any notice, letter, charge sheet, order or any
other document addressed to him by the employer, it shall be deemed that
such notice has been delivered to him if a copy of the same has been
exhibited on the notice board and another copy has been sent to the address
of the worker available from the record of the employer, by registered post.
10.In awarding punishment, the employer shall take into account the gravity
of the misconduct, the previous record, if any, of the worker.
Section: 25
Section: 33
1.
2.
3.
4.
5.
Grievance procedure
Any individual worker who has a grievance in respect of any matter covered
under this Chapter and intends to seek redress thereof shall submit his
grievance to his employer, in writing, by registered post within thirty days of
the occurrence of the cause of such grievance.
If the employer receives the grievance directly and acknowledges in writing
then in that case it will not be required to deliver the same through registered
post.
The employer shall within fifteen days of receipt of such grievance, enquire into
the matte, give the worker concerned an opportunity of being heard and
communicate his decision, in writing to the said worker.
If the employer fails to give decision having received the grievance or if the
worker is dissatisfied with such decision, he may make a complaint to the
Labour Court within thirty days from the last date of not receiving any decision
after submitting grievance to the employer or within thirty days from the date
of the decision, as the case may be.
On receipt of the complaint the court after notice and given the parties hearing
may decide the matter.
6.In deciding the matter the court may pass such orders including
orders regarding reinstatement of the complainant with or without
arrear wages and lessen any punishment of dismissal, removal and
discharge to any lesser degree as specified in section 23 (2).
7.Any party aggrieved by the decision of the labour court, may
appeal to the tribunal within thirty days and the decision of the tribunal
on the appeal will be final.
8.No court fee shall be payable for filling complaint or appeal under
this Section.
9.No complaint shall lie against an order of termination under
section 26, unless the services of the worker concerned is alleged to
have been terminated for his trade union activities or unless the
worker concerned has been deprived of the benefits specified in that
section.
Section: 100
Section: 101
Section: 103
Weekly holiday
In case of shop, commercial or industrial establishment, get one and half days, and in case
of factories and other establishments one day as weekly holiday;
Section: 104
Compensatory weekly HolidayWhere a worker is deprived of any of the weekly holidays provided for in that section, he
shall be allowed as soon as circumstances permit, compensatory holidays of equal number to
the holidays so deprived of.
Section: 106
Night shift
Where an adult worker in an establishment works on a shift which extends beyond midnight.
for the purposes of section 103 a holiday for a whole day shall mean in his case a period of
twenty-four consecutive hours beginning from the end of his shift.
Section: 108
Extra allowance for overtime.Where a worker works in an establishment for more than the prescribed hours in any day or
in any week under this Code, he shall, in respect of overtime work, be entitled to allowance at
the rate of twice of the average of his basic wages, dearness allowance.
Section: 109
Restrictions on working hours of womenNo women shall be allowed, without her permission, to work in an establishment in
between 10 p.m. and 6 a.m.
Section: 110
Restriction on double employment
No adult worker shall be employed or allowed to be employed for work in more than one
establishment on any day.
Section: 111
Notice of periods of work for adults and preparation.
There shall be displayed and correctly maintained in every establishment in accordance
with the provisions of section 337, a notice of periods of work for adults showing clearly
the period which adult workers may be required to work.
Section: 114
Section: 116
Sick leave.
Section: 117
1.Every adult worker who has completed a period of one year continuous service
in the establishment, shall be allowed, during the subsequent period of twelve
months, leave with full wages for a number of days, calculated at the rate ofa) in the case of a shop, commercial or industrial establishment or factory, or
transport establishment, one day for every eighteen days of work;
b) In the case of a worker in a tea plantation, one day for every twenty-two days
of work;
c) In the case of newspaper employee, one day for every eleven days of work.
2.If a worker does not, in any period of twelve months, take the leave to which
he is entitled under sub-section (1) or (2) either in whole or in part, any such
leave not taken by him shall be added to the leave to be allowed to him in the
succeeding period of twelve months.
3. Notwithstanding anything contained in sub-section (4) an adult worker shall
cease to earn any leave under this section when the earned leave due to him-
(4) The Government may, where it is of opinion that an emergency has arisen
and the public interest so requires, by notification in the official Gazette,
declare that the provisions of this sub-section (2), shall not be in operation for
such period as may be specified in the notification.
SECTION-36:Disputes as to age
(1) If any question arises as to whether any person is a child or an
adolescent, the question shall, in the absence of a certificate as to the age
for inspector for decision to a registered medical practitioner.
(2) A certificate as to age of a person granted by a registered medical
practitioner as mentioned in sub-section (1), shall be conclusive evidence
as to age of the person to whom it relates.
SECTION40:Employment of adolescent on
dangerous machines
No adolescent shall work at any machine unless(a) he has been fully instructed as to the dangers arising in connection
with the machine and the precautions to be observed, and(b) has received sufficient training in work at the machine, or is under
adequate supervision by a person who has thorough knowledge and
experience of the machine,
(2) This provision shall apply to such machines as may be notified by the
government to be of such a dangerous character that an adolescent
ought not to work at them unless the requirements of sub-section (1) are
complied with.
(3) The Government may from time to time publish in the official gazette
the list such of hazardous works where, no adolescent shall be employed.
b)For the said period up to and including the day of delivery within 3 days of the production of proof
that she has given birth to a child and for the remainder of the said period, within eight weeks of the
production of such proof.
c)For the said period up to and including the day of delivery within 3 days of the production of proof
that she has given birth to a child and for the remainder of the said period, within eight weeks of the
production of such proof.
Section: 48
1)Under this Act the amount payable as maternity benefit will be calculated as
per sub-clause (2), Daily, Weekly or monthly basis whichever is applicable
should be paid in average and in cash.
2)As per sub-clause (1) to calculate daily, weekly or average monthly wages of
the woman who has given notice under this chapter, 3 months actual wages
before her notice period will be divided by the working days to get the average
wages.
SECTION-52:
SECTION-53:
1)Work place shall be maintained dust and fume free. Measures to be taken
to protect workers from dust and fume.
2)No internal combustation engine shall be operated unless the exhaust is
conducted into open air.
i)Deductions for subscriptions to and for payment of advances from any recognised
provident fund.
j)Deductions for payments to co-operative societies approved by the government or
to a scheme of insurance maintained by the Bangladesh post office.
k)Deductions made with the written authorisation of the employed person in further
or in furtherance of any War Savings Scheme, approved by the govt. for purchase of
securities of the government of Bangladesh.
l)The subscription deducted for CBA in the check off process.
Section-131:
Subject to the other provisions of this Act, if wages can not be paid to a
worker due to death or missing of the worker, in that case payment to be
made to the following:a)As per Law the person nominated for the purpose.
b)If there was no such nomination or payment cannot be made to the
nominated person, in that case to the labour court and the court will then
take appropriate measure for payment.
c)In accordance with sub clause (A and B) if the employer made the
payment to the nominee of the worker or to the labour court he will be
free from the responsibility of such payment of wages.
1)Every application for registration of a trade union shall be made to the Director of Labour
or to an officer authorised in this respect.
2)The application shall be accompanied by the following particulars, namelya)A statement showing the following information, namely(i)The name of the trade union and the address of its Head Office;
(ii)Date of formation of the union;
(iii)The titles, names, age, addresses and occupations of the officers of the trade
union.
(iv)Statement of total paid membership;
(v)Name and number of total workers of the establishment with which the trade
union is associated; and
(vi)In case of a federation of trade unions, the names, addresses and registration
number of member unions.
b)Three copies of the constitution of the trade union together with a copy of the
resolution by the members of the trade union adopting such constitution bearing the
signature of the Chairman of the meeting;
c)A copy of the resolution by the members of the trade union authorising its President
and the Secretary to apply for its registration; and
d)In case of a federation of trade unions, a copy of the resolution from each of the
constituent unions agreeing to become a member of the federation.
3)Upon receipt of an application under sub-section (1), the Director of Labour or the
officer authorised in this respect shall immediately forward a copy thereof (together
with a list of the officers of the union) to the employer concerned for his information.
Section: 179
1)A trade union shall not be entitled to registration under this Chapter unless the
constitution thereof provides for the following matters, namely:a)The name and address of the trade union;
b)The objects for which the trade union has been formed;
c)The manner in which a worker may become a member of the trade union specifying
therein that no worker shall be enrolled as its member unless he applies in the form set out
in the constitution declaring that he is not a member of any other trade union;
d)The sources of the fund of the trade union and the purposes for which such fund
shall be applicable;
e)the conditions under which a member shall be entitled to any benefit assured by the
constitution of the trade union and under which any fine or forfeiture may be imposed on
him;
f)The maintenance of a list of the members of the trade union and of adequate
facilities for the inspection thereof by the officers and members of the trade union;
2)A
trade union of workers shall not be entitled to registration under this Chapter
unless it has a minimum membership of thirty percent of the total number of
workers employed in the establishment in which it is formed;
Section: 196
1)No worker shall join in any trade union activities during his working hour
without the permission of the employer;
2)No worker or trade union of workers or no person acting on behalf of
such trade union shalla)Intimidate any worker to become, or refrain from becoming, or to
continue to be, or cease to be a member or officer of a trade union;
b)Induce any person to refrain from becoming, or cease to be a
member or officer of a trade union, by conferring or offering to confer any
advantage.
c)Compel or attempt to compel any worker to pay, or refrain from
paying, any subscription towards the fund of any trade union.
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